Editor's Note: At the Attorney's direction, the following
sections from the R.O. 1966 of the City of Newark have been deleted
from the new Code: § 4:1-5 View of Interior Premises from
Street During Hours Closed. § 4:1-6 Location and Window
Requirements for Plenary Retail Consumption License "C" Premises;
Exceptions. § 4:1-8 Females Tending Bar; Other Employment
in Licensed Premises; Restrictions. § 4:1-9 Female Employees
Forbidden to Eat or Drink at Customer's Expense.
[R.O. 1966 § 4:2-10]
If any licensee should desire to transfer a license from the
name of a present holder to another person, the holder of the license
shall file due notice to that effect in writing with the local issuing
authority, accompanied by a written application of the person to whom
the license is to be transferred, and also accompanied by the required
transfer fee and other necessary credentials. These papers shall remain
on file at least five days, except as hereinafter provided, after
which the issuing authority shall fix a day for hearing before it
on such transfer of license. Due notice of such hearing shall be given
to the parties in interest. At such hearing the local issuing authority
shall inquire as to the reasons and purposes for such transfer and
into the character, qualifications and fitness of the person to whom
the license is intended to be transferred. After such hearing the
local issuing authority shall make its determination. If such determination
is favorable to the application, then the license shall be duly transferred
upon the parties' meeting the required qualifications, including newspaper
advertisements and proof thereof, and any requirements of the Statute
or the rules and regulations of the Director and of Department of
Law and Public Safety, Division of Alcoholic Beverage Control. If
the local issuing authority, after hearing, shall deny the application
for transfer, it shall cause to be set up in its minutes the reason
for such denial.
[R.O. 1966 § 4:2-11]
Every applicant for a transfer from place to place shall make
a sworn application on a form furnished by the local issuing authority,
setting forth all information required under such form with relation
to the subject matter.
[R.O. 1966 C.S. § 4:2-12, Ord.
6 S+FG, 11-16-1987; Ord. 6 S+FO 12-22-1987]
a.
Every applicant for a new license or transfer of a license from place
to place shall give written notice of such application, at least five
days prior to newspaper publication of second notice of application,
to all owners of property within 200 feet of the premises sought to
be licensed.
b.
The 200[1] feet referred to in this section shall be measured in
a direct line from the nearest point on the premises sought to be
licensed to the nearest point of the other premises. Any other premises
falling within such distance, in part or in whole, shall be deemed
to be within such 200 feet for the purpose of this Title, all as indicated
on a map showing these facts. Such map shall be filed with the issuing
authority before hearing.
[1]
Editor's Note: Ord. 6 S+FO, 12-22-1987 changed the 200 feet
requirement to a 1,050 feet requirement. The ordinance was disapproved
by the State Division of Alcoholic Beverage Control as being pre-empted
by State Statute and Division Regulations.
[R.O. 1966 § 4:2-13]
a.
The notice required by subsection 4:3-1.3 shall be worded the same as the newspaper notice and shall be served upon the property owner, either personally or by leaving it addressed to him/her at his/her usual place of abode or by mailing it registered or certified mail to his/her last known address. Service upon any partner, if the owner is a partnership, or upon an officer or statutory agent, if the owner is a corporation, will constitute service as required by this Title.
b.
For the purposes of this Title and in the event the applicant does
not know the names and addresses of the property owners, or has no
means of acquiring such knowledge, then the names and addresses of
the property owners so to be notified may be taken as shown on the
most recent City tax list.
[R.O. 1966 § 4:2-14]
Proof of service referred to in Section 4:3-1.4 shall be made to the local issuing authority by affidavit of the applicant setting forth the addresses of the other properties affected, the names of the owners thereof, the address at which each owner was served, the method and date of each service and the method of ascertaining such name and address.
[R.O. 1966 C.S. § 4:2-15]
Every applicant for a new license or for a transfer from place
to place shall place or cause to be placed, at least five days prior
to newspaper publication of second notice of application, on or about
the premises sought to be licensed, in full view of the street, a
sign which shall be worded the same as the newspaper notice, each
letter not to be less than two inches high and of proportionate widths;
provided, however, that if the applicant is a corporation the names
of only the President, Vice President, Secretary and Treasurer need
appear upon the sign. Such sign shall be so maintained until the granting
or denial of the application by the local issuing authority. Proof
of the installation of such sign shall be made to the local issuing
authority by affidavit of the applicant setting forth the wording
of the sign, the address of the premises sought to be licensed, the
place of installation of the sign, the date on which the sign was
erected and stating that the sign will be maintained pending disposition
of the application. Such proof shall be filed with the local issuing
authority at the time of the hearing on the application.
[R.O. 1966 § 4:2-16]
An application for a transfer from place to place shall meet
the requirements of publication and the form in relation thereto and
due proof thereof shall be filed, all as required by the Rules and
Regulations of the State Department of Law and Public Safety, Division
of Alcoholic Beverage Control of the State.
[R.O. 1966 C.S. § 4:2-17, § 1; Ord. 6 S+FK, 1-2-1986; Ord. 6 S+FI 3-16-1988; Ord. 6 S+FS, 4-20-1988; Ord. 6 S+FU, 8-3-1988; 6 S+FO, 1-3-1990; Ord. 6 S+FM 12-19-1990; Ord. 6 S+FO, 11-13-2000 § 1; Ord. 6 S+FD, 3-21-2001 § 1; Ord.
6 S+FA, 11-17-2008 § 1; Ord. 6PSF-A(S), 1-7-2016; Ord. 6PSF-B, 9-19-2018; amended 3-3-2021 by Ord. No. 6PSF-B, 03-03-2021; 11-1-2023 by Ord. No. 6PSF-D,
11-01-2023]
a.
To encourage the reasonable distancing of retail establishments:
1.
No Plenary Retail Consumption License may be transferred to any location
within 1,000 feet of any church or public schoolhouse or private schoolhouse
not conducted for pecuniary profit.
2.
No Plenary Retail Distribution License may be transferred to any
location within 1,000 feet of any other Plenary Retail Distribution
License, or Plenary Retail Consumption Licensee, or any church or
public schoolhouse or private schoolhouse not conducted for pecuniary
profit.
b.
All renewals for the same premises and transfer of licenses from
person to person within the same premises will be subject to the discretion
of the Newark Alcoholic Beverage Commission Board (Newark ABC).
c.
Notwithstanding paragraph a, the Newark A.B.C. may in its own discretion
grant a place-to-place transfer to the same licensee within 1,500
feet of that licensee's existing licensed premises if the transfer
is made in good faith and solely benefits that same licensee.
1.
This section has as its only effect the 1,500-foot distance hereinabove
stated and is not intended to declare that the transfer in and of
itself would be granted inasmuch as all of the other necessary prerequisites
must be shown to the Newark A.B.C.
d.
Notwithstanding the above-mentioned 1,000-foot limitation, the local
issuing authority, at their discretion, may allow transfer of said
licenses free of said 1,000-foot limitation in the event that:
1.
The proposed location has been previously licensed at some time during
the past 60 months for the sale and consumption of alcoholic beverages
pursuant to a club license issued pursuant to N.J.S.A. 33:1-12; and
2.
The licensee is operating and has been operating for a period of
at least three (3) months a restaurant, as defined by N.J.S.A. 33:1-1(t);
and
3.
The establishment must have a minimum capacity of at least 30 dining
customers in its main dining room. Establishments with a capacity
of at least 30 to 99 dining customers in its main dining room may
have not more than nine seats in its main service bar area. Establishments
that have a capacity of 100 dining customers or more in their main
dining area may have seats in the main service bar area equaling a
maximum of 10% of the number of seats in its main dining area.
e.
Notwithstanding the above-mentioned 1,000-foot limitation affecting
the transfer of any Plenary Retail Consumption or Distribution License,
the Newark A.B.C. may, in its discretion, allow transfer of such license
free of such 1,000-foot limitation herein fixed in the event of any
licensee's premises being taken for any Municipal, County, State or
Federal project; provided, nevertheless, the new location to which
the license is to be transferred under this exception shall not be
located within a distance of 600 feet of a then existing location
licensed to do business under a like license as the one being transferred.
The 600 feet distance shall be measured in the manner as herein provided
for the measuring of the 1,000-foot distance. In the event any transfer
of a license should be allowed under this exception, no license shall
thereafter be transferred to the premises or any part thereof so vacated
by such transfer, nor within a radius of 600 feet thereof; provided,
however, that all other provisions of this Title are complied with.
f.
Any contract to purchase premises, or any agreement containing an
option to purchase premises, or any leasehold agreement which has
been entered into prior to December 10, 1961, to cause a removal of
a license-holder to a place of business within 750 feet of the license-holder's
present place of business which contract of purchase, or option in
any agreement, or leasehold interest to be obtained, is filed with
the Newark A.B.C. prior to December 10, 1961, shall not be bound by
the 600-foot rule in this section.
g.
Paragraph a shall not apply to any transfer, or assignment of a present
license-holder's right to a contract to purchase, or agreement containing
an option to purchase, or lease hold agreement which becomes effective
in the future. This section applies only to an existing license-holder
as of December 10, 1961.
h.
The 1,000, 750 or 600 feet referred to in this section shall be measured
by a horizontal circle having a radius of the applicable measurement,
with the exception of any church, or public schoolhouse or private
schoolhouse not conducted for pecuniary profit. The center of this
circle shall be the property address, as indicated on the City's Official
Tax Map, of the premises sought to be licensed. Any other premises
falling within such distance, in part or in whole, shall be deemed
to be within the applicable measurement for the purpose of this Title.
It shall be the responsibility of the licensee to have a licensed
surveyor prepare a map showing these facts. Such maps shall be filed
with the Newark A.B.C. seven days before the hearing on the transfer.
i.
The 1,000 feet referred to for any church or public schoolhouse or
private schoolhouse not conducted for pecuniary profit shall be measured
in the normal way that a pedestrian would properly walk from the nearest
entrance of the church or school to the nearest entrance of the premises
sought to be licensed.
j.
The 1,000-foot rule hereinabove set forth shall not apply in the
instance of a place-to-place transfer of a liquor license to premises
located within the boundaries of the now superseded Downtown Family
Restaurant and Entertainment District ("District"), which district
area is more particularly identified in Code Section 8:12-1.7A and
the Arts and Education District ("AED"), as defined by City Ordinances
Title XLI, Zoning and Land Use Regulations.
1.
This exception will apply only to license transfers relocating by
place to place within the now superseded Downtown Family Restaurant
and Entertainment District and the Arts and Education District and
where[2]:
(a)
The establishment may have dancing or live entertainment if
properly licensed for it, but in no case shall go-go or discotheque
clubs as defined in the City Ordinances Title XLI, Zoning and Land
Use Regulations, Chapter 2, Definitions, be permitted.
(b)
This 1,000-foot exception shall not apply to any go-go establishment
or discotheque clubs as defined in the City's Title XLI, Zoning and
Land Use Regulations.
(c)
The establishments within the now superseded Downtown Family
Restaurant and Entertainment District and Arts and Education District
may have sidewalk cafe style serving and must conform to Title XXIX
in its entirety as it pertains to sidewalk cafes. The sidewalk cafe
area will not be included as part of its main dining area.
(d)
As a precondition to consideration of any place-to-place transfer
in the District, the licensee shall have obtained all of the necessary
permits to operate at the proposed location, including, but not limited
to zoning permits, certificate of occupancy, Division of Fire permit(s),
and engineering permit(s) for a sidewalk cafe under Title XXIX, Streets
and Sidewalks, if applicable.
(e)
Any premises located within the boundary of the now superseded
Downtown Family Restaurant and Entertainment District and Arts and
Education District at the time of the passage of this paragraph shall
not be subject to:
(1)
Paragraph j herein.
(f)
Any person, holding, or under contract or option to purchase,
a plenary retail consumption license or plenary retail distribution
license may petition the Newark A.B.C. for an exception to the rule
prohibiting a transfer to be made to another premises within a distance
of 1,000 feet from any other premises then covered by a plenary retail
consumption or distribution license. The Newark A.B.C. Director may,
at its discretion, choose to grant or deny the exception.
See Code Section 8:12-1 for the definition of the Downtown Family Restaurant and Entertainment District.
Based on the City's Redevelopment Plans that operate in and
around the downtown area, the boundaries used should therefore be
comprised of "The Living Downtown Redevelopment Plan," the "Newark
Downtown Core District Redevelopment Plan and Amendment to Newark's
Plaza Urban Renewal Plan," "The Broad Street Station District Redevelopment
Plan," the "Lincoln Park Redevelopment Plan," and the segment identified
as "Downtown" from the "Newark's River Public Access and Redevelopment
Plan."
The boundaries of these various Redevelopment Plans can be viewed
in the City of Newark Division of City Planning, Room 112, Newark
City Hall, 920 Broad Street, Newark, NJ 07102. A map of the boundaries,
for informational purposes only, can also be found on the Division's
website at: https://www.newarknj.gov/viewer/redevelopment-plans
Note: Certain differences exist between the boundaries of the
former "Downtown Family Restaurant and Entertainment District" and
those created by combining the boundaries of the various Redevelopment
Plans in effect in the downtown area.
[2]
See Code § 8:12-1 for the definition of the Downtown Family Restaurant and Entertainment District. Based on the City's Redevelopment Plans that operate in and around the downtown area, the boundaries used should therefore be comprised of "The Living Downtown Redevelopment Plan," the "Newark Downtown Core District Redevelopment Plan and Amendment to Newark's Plaza Urban Renewal Plan," "The Broad Street Station District Redevelopment Plan," the "Lincoln Park Redevelopment Plan," and the segment identified as "Downtown" from the "Newark's River Public Access and Redevelopment Plan." The boundaries of these various Redevelopment Plans can be viewed in the City of Newark Division of City Planning, Room 112, Newark City Hall, 920 Broad Street, Newark, NJ 07102. A map of the boundaries, for informational purposes only, can also be found on the Division's website at: https://www.newarknj.gov/viewer/redevelopment-plans. [Ord. No. 6PSF-D, 11-01-2023]
[1]
Editor's Note: The substance of paragraph a of this section
is discussed in Essex County Retail Liquor Stores v. Newark, 77 N.J.
Super. 70 (App. Div. 1962).
[New]
No licensee or employee of a licensee shall sell, serve or deliver,
directly or indirectly, any alcoholic beverages to any intoxicated
person or person under the legal age, or permit the consumption of
alcoholic beverages on any licensed premises by any of the above-named
persons.
[R.O. 1966 § 4:2-18]
No Plenary Retail Distribution License, after December 10, 1961,
shall be issued or transferred in or upon any premises in which any
other mercantile business is carried on, except the retail sale of
non-alcoholic beverages, as accessory beverages to alcoholic beverages;
provided, however, that where prior to December 10, 1961, alcoholic
beverages in original containers for off premises consumption were
sold and displayed for sale by the holder of such license in or upon
any premises in which any other mercantile business is carried on,
such sale and display shall be permitted as theretofore, and notwithstanding
renewal or transfer from person to person, and place to place, but
as constituted on the date only, subject to rules and regulations
of the Municipal Board of Alcoholic Beverage Control of the City.
[Ord. 6PSF-E, 10-17-2012; Ord. 6PSF-A(S), 1-7-2016]
a.
Any holder of an Alcoholic Beverage Control license, which permits
the sale of alcoholic beverages, shall place and maintain security
cameras that can monitor and record all entrances and exits of the
establishment, as well as the front perimeter of the same extending
to the curbline and parking lot if within licensee's care and control.
b.
The security camera(s) shall be operational 24 hours, seven days
a week. The recordings contained therein shall be made available to
sworn officers of the Newark Division of Police and Newark's Alcoholic
Beverage Control Inspector pursuant to any investigation being conducted
regarding activity at or in the immediate area of the establishment.
c.
Any recording contained therein shall be maintained for a minimum
of 90 days, unless directed otherwise by the Executive Secretary of
the Alcoholic Beverage Control Board of Newark and shall also be made
available to sworn officers of the Newark Division of Police and Newark's
Alcoholic Beverage Control Inspector to aid in the investigation of
crimes occurring at the establishment or in the immediate area of
the establishment.
d.
Any owner in violation of this section shall be subject to a fine
of no less than $500 and no more than $1,000.
[1]
Editor's Note: For additional statutes pertaining to renewal
licenses, see N.J.S.A. 33:1-12.13 et seq.
[R.O. 1966 § 4:2-19]
The term "renewal" when used in this Title shall be construed
in the manner set forth in N.J.S. 33:1-96.
[R.O. 1966 § 4:2-20]
All licenses qualified for renewal are subject to renewal at
the discretion of the local issuing authority annually as of the first
day of July in each year.
[R.O. 1966 § 4:2-21]
All applications for renewals shall be submitted in writing
upon forms furnished by the local issuing authority. All questions
on the form so provided must be answered, duly sworn to, and the application
be filed with the secretary of the local issuing authority in the
manner and subject to the conditions required by law.
[R.O. 1966 § 4:2-22]
The renewal of such license shall be made only after an investigation
of the application and the approval of the application by the local
issuing authority.
[R.O. 1966 § 4:2-23]
a.
In the event any application for the renewal of license shall be
questioned by the local issuing authority for any reason or in the
event that an objection shall be filed in opposition to the application,
then the applicant for renewal of such license shall be given notice
of the reasons of the local issuing authority or of the objector and
a day shall be set for a hearing before the local issuing authority
upon due notice to the applicant of the day of hearing in order that
the applicant may be afforded an opportunity to show cause why the
application should be granted.
b.
If, after hearing, the local issuing authority is of the opinion
that the application for the renewal of license shall not be granted,
it shall refuse to grant renewal, setting forth reasons for refusal
in the minutes of its meeting.
[R.O. 1966 § 4:2-24]
Each license so renewed by the local issuing authority shall
be dated as of the time so issued, shall run for the term of the current
license period and shall be duly signed by the members of the local
issuing authority.
[R.O. 1966 § 4:2-25]
Every corporation applying for a license or renewal of a license
in the City must answer the form of application furnished by the local
issuing authority in every detail, including the names and addresses
of all stockholders, officers and members of the Board of Directors
of such corporation and the percentage of stock held by all stockholders,
providing their holding is 1% or more of stock in such corporation.
[R.O. 1966 § 4:2-26]
It shall be the duty of each licensee to display the license
certificate in the licensed premises in such manner and place that
it may be seen by anyone entering the licensed place of business.
The license certificate shall be framed under glass.
[R.O. 1966 § 4:1-2]
Except as provided in Section 4:3-7.2 of this chapter, every licensee permitted to sell alcoholic beverages at retail for off-premises consumption shall keep permanently displayed a sign not less than 10 inches by 12 inches in size, stating clearly the legal hours for sale of alcoholic beverages in original containers for off-premises consumption.
[R.O. 1966 § 4:1-3]
A licensee who, though privileged under his/her license to do so, sells no alcoholic beverages in original containers for off-premises consumption may, in lieu of the notice required by Section 4:3-7.1, post a notice of the same size and in the same location as prescribed in Section 4:3-7.1 stating clearly and legibly that no alcoholic beverages are sold for off-premises consumption.
[R.O. 1966 § 4:1-4]
Before any alterations or repairs are made creating a change
or addition on the licensed premises, whether of the interior or exterior
of such premises, a plan or sketch setting forth the proposed change
or addition must be first submitted to the local issuing authority
and its approval endorsed thereon.
[R.O. 1966 § 4:1-7]
No licensed premises, used or to be used for the sale of alcoholic
beverages to be consumed on the premises, shall have a floor space
of less than 400 square feet on one floor nor be allowed to continue
the operation of its business unless the premises have at least two
toilets thereon, one for the use of male patrons and the other for
the use of female patrons, each such toilet to be so designated. Such
toilets shall at all times be operated and maintained in a proper
and sanitary manner.
[R.O. 1966 § 4:1-13]
[R.O. 1966 C.S. § 4:2-2.1 § 1; Ord. 6 S+FQ, 4-20-1988; Ord. 6 S+FT, 12-19-1990; Ord. 6 S+FC, 6-19-1991]
a.
Any holder of a Plenary Retail Consumption License who desires to
retire a license shall file written notice of the desire with the
local issuing authority. The notice shall be notarized and shall at
least include the name of the licensee, the address of the licensee,
the license number, the date the licensee acquired the license and
the last date the license was active.
b.
Any contracts to be entered into pursuant to this section for the
purpose of acquiring and retiring Plenary Retail Consumption Licenses
shall be based upon the recommendation of the local issuing authority
and shall be subject to approval by resolution of the Governing Body
of the City of Newark.
c.
As soon as possible after December 31, of each year, each licensee
whose application had been approved, and who has entered into a contract
with the City of Newark pursuant to these provisions shall receive
a sum not in excess of the statutory amount as payment in full for
the license.
d.
No licensee may submit an application to retire a Plenary Retail
Consumption License unless all Federal, State and local taxes have
been paid, and all outstanding municipal obligations have been satisfied
or a satisfactory agreement has been entered into providing for the
satisfaction of these obligations upon the City of Newark's acquisition
and retirement of the licenses.
e.
If at the end of the final year in which the additional license fees
authorized by this section are in effect, the total additional revenue
derived in all years from such increase shall exceed the amount expended
for the acquisition and retirement of licenses, such excess shall
be rebated pro rata to the then current licensees, who paid such additional
license fees or credited against the license renewal fee next payable
by such licensees.
